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HOUSE OF REPRESENTATIVES |
H.B. NO. |
104 |
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TWENTY-SIXTH LEGISLATURE, 2011 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
relating to Grave desecration.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. Section 711-1107, Hawaii Revised Statutes, is amended to read as follows:
"§711-1107 Desecration. (1) A person commits the offense of desecration if the person intentionally desecrates:
(a) Any public monument or structure; [or]
(b) A place of worship [or burial]; or
(c) In a public place the national flag or any other object of veneration by a substantial segment of the public.
(2) A person commits the offense of desecration if the person intentionally, knowingly, recklessly, or negligently desecrates a grave or other place of burial.
[(2)] (3) "Desecrate"
means defacing, damaging, polluting, or otherwise physically mistreating in a
way that [the defendant knows] a reasonable person in the same or
similar circumstance would or should know will outrage the sensibilities of
persons likely to observe or discover the defendant's action.
[(3)] (4) [Any person
convicted of committing the offense of desecration shall be sentenced to a term
of imprisonment of not more than one year, a fine of not more than $10,000, or
both.] Violation of this section shall be a misdemeanor; provided the
maximum fine shall be not more than $10,000.
(5) In addition to any other penalty prescribed by this section, a person who is convicted of intentional, knowing, reckless, or negligent desecration of a grave or other place of burial shall be required to perform community service, for a period of time not to exceed two years from the date of sentencing, cleaning the area within one hundred yards of the site of the offense for which the person was sentenced, where consent from the respective property owner or owners has been obtained, even if the property was damaged by another person."
SECTION 2. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.
SECTION 3. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 4. This Act shall take effect upon its approval.
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INTRODUCED BY: |
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Report Title:
Grave Desecration
Description:
Expands criminal offense of desecration to specifically include the negligent or reckless desecration of graves, imposes a reasonable person standard, requires community service for a violation, and increases maximum allowable fine to $10,000.
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.